Court Dismisses Suit Seeking to Compel AGF to Stop EFCC’s Probe of Businessman for Alleged Fraud

A Federal High Court in Abuja, presided over by Justice Emeka Nwite, has dismissed a suit seeking to compel the Attorney General of the Federation (AGF), Mr. Lateef Fagbemi, SAN, to stop the Economic and Financial Crimes Commission (EFCC) from investigating businessman Abubakar Ismail Isa over alleged fraud and economic crimes.

The court ruled on Monday, February 24, 2025, that the suit lacked merit and substance. In delivering his judgment in a fundamental rights enforcement case, Justice Nwite clarified that while the AGF has the power to take over criminal proceedings, such power is not unlimited. The judge further explained that under Section 43 of the EFCC Act 2004, the EFCC is not obliged to follow advice from any ministry or agency to discontinue investigations into alleged economic crimes.

Isa had filed the suit, FHC/ABJ/CS/2024, accusing the EFCC of bias and conducting a mischievous investigation at the behest of his business adversaries. He argued that the EFCC failed to inform him of the specific charges against him or provide evidence of any petitions.

Isa sought an order of mandamus to compel the AGF to instruct the EFCC to halt its investigation and for another federal security agency to take over. However, Justice Nwite dismissed this request, stating that the EFCC has independent authority to investigate and prosecute alleged financial crimes without needing directives from any government ministry or department.

The court’s judgment emphasized that Section 174 (3) of the 1999 Constitution does not empower the AGF to direct which agency should investigate economic crimes. Therefore, the EFCC’s investigation into Isa’s alleged fraud was deemed legitimate, and the suit was dismissed for lack of merit.